Brian Rooney, 37, enters Vermont District Court in Rutland on Friday. Rooney, accused of killing a UVM student, became ill, and the trial was postponed until Monday. / TOBY TALBOT, AP pool

Written by

RUTLAND -- The second day of testimony in the Brian Rooney murder trial ended before it began Friday when the defendant fell ill with an apparent stomach bug that forced a brief hospitalization.

Proceedings in the murder case arising from the killing of a University of Vermont student nearly two years ago are scheduled to resume Monday in Vermont District Court in Rutland, assuming Rooney recovers during the weekend, Judge Michael Kupersmith said from the bench.

"Are you feeling well enough to proceed?" Kupersmith asked Rooney midmorning, after the suspect had been treated at the nearby Rutland Regional Medical Center and returned to the downtown courthouse but before any witnesses had taken the stand.

The 37-year-old Richmond man replied, "I can't say for certain. I don't want to have an episode in this courtroom."

"I know it would be embarrassing if you became sick here in the courtroom, but I think people would understand," Kupersmith responded.

The suspect's sickness, which left him vomiting and sweating, delayed proceedings for two hours while the judge pressed for a diagnosis to determine whether canceling proceedings was necessary. After the hospital visit and the in-court dialogue, Kupersmith agreed to the postponement.

Rooney has pleaded not guilty to a charge of aggravated murder and faces a mandatory sentence of life in prison with no chance of parole if convicted. The judge moved the case to Rutland over concerns that pretrial publicity made a fair trial impossible in Burlington.

Authorities accuse Rooney of abducting UVM senior Michelle Gardner-Quinn, 21, of Arlington, Va., from downtown Burlington early Oct. 7, 2006; driving her to the Huntington Gorge in Richmond; raping, beating and strangling her; and finally dumping her body in a rocky crevice. Hikers found her remains six days later. The defense claims the evidence against Rooney is insufficient to prove the allegation.

While police officers waiting to take the witness stand and Gardner-Quinn's parents waited in the hallway Friday, Kupersmith asked whether Rooney could concentrate on proceedings.

"If I feel I'm going to be sick," he answered, "I'm going to be focusing on that."

"I'd rather not take a chance," the judge said. "My gut reaction is essentially to postpone the trial for today. Hopefully, you'll be feeling better by Monday. You should be feeling well mentally and physically especially in a trial as important as this one."

Rooney told the judge he was sorry for the inconvenience. Responded Kupersmith, "No apology is necessary. People become ill. It's not a voluntary matter."

Kupersmith called the seven-woman, five-man jury into the courtroom, told them what was happening and sent them home for the weekend. Afterward, he asked lawyers how the case was progressing. Prosecutors, who examined nine witnesses Thursday, the first day of testimony after two days of jury selection, said they had been on pace to rest their case Tuesday, but now Wednesday is the probable day.

"That's good," Kupersmith said. "I'm still not sure about the defendant's case."

After a long silence, Rooney's attorney, David Sleigh, stood and said, "And you'll remain so."

Kupersmith laughed. "I'm not surprised," he said. The defense is allowed to decide after the prosecution rests which witnesses, if any, it wishes to call.